Sarah Hilda Nyiva Hillman v Joseph Rashidi Masengo & another [2022] KEELC 1913 (KLR)
- Court
- Environment & Land Court
- Case number
- 1913
- Citation
- [2022] KEELC 1913 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for dismissal of suit for want of prosecutionCoramA. NYUKURI
Holding
The application for dismissal of the suit for want of prosecution is dismissed with costs.
Facts
The suit was filed on 8 February 2020, and the Plaintiff filed a Notice of Motion Application seeking injunctive orders on the same day. The Defendants filed their defence on 2 March 2020. One year passed without the Plaintiff taking any step, and the suit property was sold and transferred on 16 March 2020.
Issues
- Whether an order for dismissal of the suit for want of prosecution should issue against the Plaintiff.
Reasoning
The court found that the application for dismissal was prematurely filed as the last action taken by the parties was six months before the application was filed, and the disposal of the suit property was during the pendency of the suit.
Outcome
Dismissed with costs
Orders
- Application for dismissal of the suit for want of prosecution is dismissed with costs.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Environment and Land Court Act
Cases cited (2)
- Ivita vs. Kyumbu
- Mwangi S. Kimenyi vs. Attorney General & Another
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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